Rep. La Shawn K. Ford

Filed: 3/3/2020





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2    AMENDMENT NO. ______. Amend House Bill 203 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the No
5Representation Without Population Act.
6    Section 3. Definition. As used in this Act, "Department"
7means the Department of Corrections.
8    Section 5. Electronic records. The Department shall
9collect and maintain an electronic record of the legal
10residence, outside of any correctional facility, and other
11demographic data for each person in custody or entering custody
12on or after the effective date of this Act. At a minimum, this
13record shall contain the person's last known complete street
14address prior to incarceration, the person's race, whether the
15person is of Hispanic or Latino origin, and whether the person



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1is 18 years of age or older. To the degree possible, the
2Department shall also allow the legal residence to be updated
3as appropriate.
4    Section 10. Reports to the Secretary of State.
5    (a) Beginning in 2030, on or before May 1 of each year
6where the federal decennial census is taken but in which the
7United States Bureau of the Census allocates incarcerated
8persons as residents of correctional facilities, the
9Department shall deliver to the Secretary of State the
10following information:
11        (1) A unique identifier, not including the name or
12    Department-assigned inmate number, for each incarcerated
13    person subject to the jurisdiction of the Department on the
14    date for which the decennial census reports population. The
15    unique identifier shall enable the Secretary of State to
16    address inquiries about specific address records to the
17    Department, without making it possible for anyone outside
18    of the Department to identify the inmate to whom the
19    address record pertains.
20        (2) The street address of the correctional facility
21    where the person was incarcerated at the time of the
22    report.
23        (3) The last known address of the person prior to
24    incarceration or other legal residence, if known.
25        (4) The person's race, whether the person is of



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1    Hispanic or Latino origin, and whether the person is age 18
2    or older, if known.
3        (5) Any additional information as the Secretary of
4    State may request pursuant to law.
5    (b) The Department shall provide the information specified
6in subsection (a) in the form that the Secretary of State shall
8    (c) Notwithstanding any other provision of law, the
9information required to be provided to the Secretary of State
10pursuant to this Section shall not include the name of any
11incarcerated person and shall not allow for the identification
12of any person therefrom, except to the Department. The
13information shall be treated as confidential and shall not be
14disclosed by the Secretary of State except as redistricting
15data aggregated by census block for purposes specified in
16Section 20.
17    Section 15. Federal facilities. On or before February 1,
182030 and on or before February 1 of each year in which the
19federal decennial census is taken but in which the United
20States Bureau of the Census allocates incarcerated persons as
21residents of correctional facilities, the Secretary of State
22shall request each agency that operates a federal facility in
23this State that incarcerates persons convicted of a criminal
24offense to provide the Secretary of State with a report that
25includes the information listed in subsection (a) of Section



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2    Section 20. Secretary of State; redistricting data.
3Beginning in 2031, the Secretary of State shall prepare
4redistricting population data to reflect incarcerated persons
5at their residential address, pursuant to Section 25. The data
6prepared by the Secretary of State shall be the basis of the
7Legislative and Representative Districts required to be
8created pursuant to Section 3 of Article IV of the Illinois
9Constitution of 1970. Incarcerated populations residing at
10unknown geographic locations within the State, as determined
11under paragraph (2) of subsection (c) of Section 25, shall not
12be used to determine the ideal population of any set of
13districts, wards, or precincts.
14    Section 25. Determinations and data publication by the
15Secretary of State.
16    (a) For each person included in a report received under
17Sections 10 and 15, the Secretary of State shall determine the
18geographic units for which population counts are reported in
19the federal decennial census that contain the facility of
20incarceration and the legal residence as listed according to
21the report.
22    (b) For each person included in a report received under
23Sections 10 and 15, if the legal residence is known and in this
24State, the Secretary of State shall:



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1        (1) ensure that the person is not represented in any
2    population counts reported by the Secretary of State for
3    the geographic units that include the facility where the
4    person was incarcerated, unless that geographic unit also
5    includes the person's legal residence; and
6        (2) ensure that any population counts reported by the
7    Secretary of State reflect the person's residential
8    address as reported under Sections 10 and 15.
9    (c) For each person included in a report received under
10Sections 10 and 15 for whom a legal residence is unknown or not
11in this State and for all persons reported in the census as
12residing in a federal correctional facility for whom a report
13was not provided, the Secretary of State shall:
14        (1) ensure that the person is not represented in any
15    population counts reported by the Secretary of State for
16    the geographic units that include the facility where the
17    person was incarcerated; and
18        (2) allocate the person to a State unit not tied to a
19    specific determined geographic location, as other State
20    residents with unknown State addresses are allocated.
21    (d) The data prepared by the Secretary of State pursuant to
22this Section shall be completed and published no later than 30
23days after the date that federal decennial census data required
24to be published by Public Law 94-171 is published for the State
25of Illinois.



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1    Section 30. Data; Legislative and Representative
2Districts. Beginning in 2031, the data prepared by the
3Secretary of State in Section 25:
4        (1) shall be used only as the basis for determining
5    Legislative and Representative Districts; and
6        (2) shall not be used in the distribution of any State
7    or federal aid.
8    Residences at unknown geographic locations within the
9State under subsection (c) of Section 25 shall not be used to
10determine the ideal population of any set of districts, wards,
11or precincts.
12    Section 97. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.".